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©omwoutocaltlj  of  iaSassacijufiittts. 


i 


AN  ACT 


To  establish  the  City  of  Lynn. 


^  BE  it  enacted  by  the  Senate  and  House  of  Bepresenta- 
*; fives ,  in  General  Court  assembled ,  and  by  the  authority  of 

>  -  JW-. : 

*  1  Sect.  1.  The  inhabitants  of  the  town  of  Lynn. 


2  shall  .continue  to  be  a  body  politic  and  corporate, 
l  under  the  name  of  the  city  of  Lynn,  and,  as  such, 
:  shall  have,  exercise,  and  enjoy,  all  the  rights,  immu¬ 
nities,  powers,  and  privileges,  and  shall  be  subject  to 
•  all  the  duties  and  obligations,  now  incumbent  upon 
and  appertaining  to  said  town,  as  a  municipal  corpo- 
!8  ration. 


2 


CITY  OF  LYNN. 


[March, 


1  Sect.  2.  The  administration  of  all  the  fiscal,  pru- 

2  dential,  and  municipal  affairs  of  said  city,  with  the 

3  government  thereof,  shall  be  vested  in  one  principal 

4  officer,  to  be  styled  the  mayor ;  one  council  of  eight, 

5  to  be  called  the  board  of  aldermen  ;  and  one  council 

6  of  twenty-six,  to  be  called  the  common  council ; — 

7  which  boards,  in  their  joint  capacity,  shall  be  clenom- 

8  mated  the  city  council,  and  the  members  thereof 

9  shall  he  sworn  to  the  faithful  performance  of  the  du- 

10  ties  of  their  respective  offices.  A  majority  of  each 

11  board  shall  constitute  a  quorum  for  doing  business, 

12  and  no  member  of  either  board  shall  receive  any 

13  compensation  for  his  services. 

1  Sect.  3.  It  shall  be  the  duty  of  the  selectmen  of 

2  the  town  of  Lynn,  as  soon  as  may  be,  after  the  pas- 

3  sage  of  this  act,  and  its  acceptance  by  the  inhabi- 

4  tants,  as  hereinafter  provided,  to  divide  said  town 

5  into  eight  wards,  as  follows,  to  wit : — To  constitute 

6  the  peninsula  of  Nahant  one  ward,  which  wrard  shall 

7  be  entitled  to  one  member  of  the  common  council  ; 

8  and  continue  the  division  lines  of  school  district  num- 

9  her  one,  which  ward  shall  be  entitled  to  two  mem- 

10  bers  of  the  common  council ;  also,  to  continue  the 

11  division  of  school  district  number  seven,  to  form  one 

12  ward,  which  shall  be  entitled  to  one  member  of  the 

13  common  council ;  and  school  wards,  numbers  three 

14  and  nine,  shall  be  united  to  constitute  one  wrard,  and 

15  shall  have  two  members  of  the  common  council ;  and 

16  school  districts,  numbers  two,  four,  five,  and  six, 

17  shall  constitute  four  wards,  to  be  divided  as  nearly 

18  equal  in  population  as  possible,  and  each  shall  be 

19  entitled  to  five  members  of  the  common  council. 


* 

tv 


14 


1849.] 


SENATE— No.  94. 


3 


20  And  the  city  council  shall,  once  in  five  years,  revise 

21  and  alter,  if  it  be  needful,  the  boundaries  of  the 

22  wards,  by  the  vote  of  a  majority  present  and  voting 

23  thereon. 

1  Sect.  4.  On  the  second  Monday  in  March,  annu- 

2  ally,  there  shall  be  chosen,  by  ballot,  in  each  of  said 

3  wards,  a  warden,  clerk,  and  three  inspectors  of  elec- 

4  tions,  residents  of  wards  in  which  they  are  chosen, 

5  who  shall  hold  their  offices  for  one  year,  and  until 

6  others  shall  have  been  chosen  in  their  places,  and 

7  qualified  to  act.  It  shall  be  the  duty  of  such  warden 

8  to  preside  at  all  ward  meetings,  with  the  power  of 

9  moderators  of  town  meetings ;  and  if,  at  any  meeting, 

10  the  warden  shall  not  be  present,  the  clerk  of  such 

11  ward  shall  call  the  meeting  to  order,  and  preside 

12  until  a  warden  pro  tempore  shall  be  chosen  by  ballot. 

13  And  if,  at  any  meeting,  the  clerk  shall  not  be  pres- 

14  ent,  a  clerk  pro  tempore  shall  be  chosen  by  ballot. 

15  The  clerk  shall  record  all  the  proceedings  and  certify 

16  the  votes  given,  and  deliver  over,  to  his  successor  in 

17  office,  all  such  records  and  journals,  together  with  all 

18  other  documents  and  papers  held  by  him  in  said  ca- 

19  pacity.  And  it  shall  be  the  duty  of  the  inspectors 

20  of  elections  to  assist  the  warden,  in  receiving,  assort- 

21  ing,  and  counting  the  votes.  And  the  warden,  clerk, 

22  and  inspectors,  so  chosen,  shall  respectively  make 

23  oath,  or  affirmation,  faithfully  and  impartially  to  dis- 

24  charge  their  several  duties  relative  to  all  elections, 

25  which  oath  may  be  administered  by  the  clerk  of  such 

26  ward  to  the  warden,  and  by  the  warden  to  the  clerk 

27  and  inspectors,  or  by  any  justice  of  the  peace  for  the 

28  county  of  Essex.  All  warrants  for  meetings  of  the 


4 


CITY  OF  LYNN. 


[March, 


29  citizens  for  municipal  purposes,  to  be  held  either  in 

30  wards,  or  in  general  meetings,  shall  be  issued  by  the 

31  mayor  and  aldermen,  and  shall  be  in  such  form,  and 

32  shall  be  served,  executed,  and  returned,  in  such  man- 

33  ner,  and  at  such  times,  as  the  city  council  may,  by 

34  any  by-law,  direct. 

1  Sect.  5.  The  mayor  and  aldermen,  to  be  selected 

2  from  the  city  at  large,  shall  be  elected  by  the  quali- 

3  tied  voters,  voting  in  their  respective  wards ;  and 

4  not  more  than  two  shall  be  taken  from  any  one 

5  ward.  The  common  council  men  shall  be  elected 

6  from,  and  by  the  voters  of,  each  ward,  and  shall  be 

7  residents  of  the  wards  in  which  they  are  elected. 

8  All  said  officers  shall  be  chosen  by  ballot,  and  shall 

9  hold  their  offices  for  one  year,  from  the  first  Monday 
10  in  April,  or  until  others  shall  be  elected  and  qualified. 

1  Sect.  6.  On  the  second  Monday  in  March,  annu- 

2  ally,  immediately  after  a  warden,  clerk,  and  inspectors 

3  shall  have  been  elected  and  sworn,  the  qualified  voters 

4  in  each  ward  shall  give  in  their  votes  for  mayor, 

5  aldermen,  and  common  council  men,  as  provided  in 

6  the  preceding  section;  and  all  the  votes,  so  given, 

7  shall  be  assorted,  counted,  declared  and  registered,  in 

8  open  ward  meeting,  by  causing  the  names  of  persons 

9  voted  for,  and  the  number  of  votes  given  for  each, 

10  to  be  written  in  the  ward  records,  in  words  at  length. 

1 1  The  clerk  of  the  ward,  within  twenty-four  hours  after 

12  such  election,  shall  deliver,  to  the  persons  elected 

13  members  of  the  common  council,  certificates  of  their 

14  election,  signed  by  the  warden  and  clerk,  and  by  a 

15  majority  of  the  inspectors  of  elections,  and  shall  de- 


1849] 


SENATE— No.  94. 


5 


16  liver,  to  the  city  clerk,  a  copy  of  the  records  of  such 

1 7  elections,  certified  in  like  manner ;  provided ,  however , 

18  that,  if  the  choice  of  the  common  council  men  cannot 

19  be  conveniently  effected  on  that  day,  the  meeting 

20  may  be  adjourned  from  time  to  time,  to  complete 

21  such  election.  The  board  of  aldermen  shall,  as  soon 

22  as  conveniently  may  he,  examine  the  copies  of  records 

23  of  the  several  wards,  certified  as  aforesaid,  and  shall 

24  cause  the  person  who  may  have  been  elected  mayor, 

25  to  be  notified,  in  writing,  of  his  election;  but,  if  it 

26  shall  appear  that  no  person  has  received  a  majority  of 

27  all  the  votes,  or,  if  the  person  elected  shall  refuse  to 

28  accept  the  office,  the  board  shall  issue  their  warrants 

29  for  a  new  election,  and  the  same  proceedings  shall  be 

30  had  as  are  herein  before  provided,  for  the  choice  of 

31  mayor,  and  repeated  from  time  to  time,  until  a  mayor 

32  shall  be  chosen. 

33  In  case  of  the  decease,  resignation,  or  absence  of 

34  the  mayor,  or  his  inability  to  perform  the  duties  of 

35  his  office,  it  shall  be  the  duty  of  the  hoard  of  alder- 

36  men  and  the  common  council,  in  convention,  to  elect  a 

37  mayor  to  serve  during  the  unexpired  term,  or  until 

38  the  occasion,  causing  the  vacancy,  is  removed.  And 

39  if  it  shall  appear  that  the  whole  number  of  aldermen 

40  have  not  been  elected,  the  same  proceedings  shall  be 

41  had,  as  are  herein  before  provided  for  choice  of  mayor. 

42  Each  alderman  shall  be  notified,  in  writing,  of  his 

43  election,  by  the  mayor  and  aldermen  for  the  time 

44  being. 

45  The  oath  prescribed  by  this  act  shall  be  adminis- 

46  tered  to  the  mayor  by  the  city  clerk,  or  any  justice  of 

47  the  peace  for  the  county  of  Essex. 

48  The  aldermen  and  common  council  men  elect,  shall, 


6 


CITY  OF  LYNN. 


[March, 


49  on  the  first  Monday  of  April,  at  ten  o’clock  in  the 

50  forenoon,  meet  in  convention,  when  the  oath  required 

51  by  this  act  shall  he  administered  to  the  members  of 

52  the  two  hoards  present,  by  the  mayor,  or  by  any 

53  justice  of  the  peace  for  the  county  of  Essex ;  and  a 

54  certificate  of  such  oath,  having  been  taken,  shall  be 

55  entered  on  a  journal  of  the  mayor  and  aldermen, 

56  and  of  the  common  council,  by  their  respective 

57  clerks. 

58  And  whenever  it  shall  appear  that  no  mayor  has 

59  been  elected  previously  to  the  said  first  Monday  in 

60  April,  the  mayor  and  aldermen  for  the  time  being, 

6 1  shall  make  a  record  of  that  fact ;  an  attested  copy  of 

62  which,  the  city  clerk  shall  read  at  the  opening  of  the 

63  convention  to  be  held  as  aforesaid. 

64  After  the  oath  has  been  administered  as  aforesaid, 

65  the  two  boards  shall  separate,  and  the  common  coun- 

66  cil  shall  be  organized  by  the  choice  of  a  president 

67  and  clerk,  who  shall  be  sworn  to  the  faithful  per- 

68  formance  of  their  duties. 

69  In  case  of  the  absence  of  the  mayor  elect,  on  the 

70  first  Monday  in  April,  the  city  government  shall 

71  organize  itself  in  the  manner  herein  before  provided, 

72  and  may  proceed  to  business  in  the  same  manner  as 

73  if  the  mayor  were  present,  and  the  oath  of  office  may 

74  be  administered  to  the  mayor  at  any  time  thereafter, 

75  in  a  convention  of  the  two  branches. 

76  In  the  absence  of  the  mayor,  the  board  of  alder- 

77  men  may  choose  a  chairman  pro  tempore,  who  shall 

78  preside  at  joint  meetings  of  the  two  boards. 

79  Each  board  shall  keep  a  record  of  its  own  proceed- 

80  ings,  and  judge  of  the  election  of  its  own  members ; 

81  and,  in  failure  of  an  election,  or  in  case  of  any  va- 


1849.] 


SENATE— No.  94. 


7 


82  cancy  declared  by  either  board,  the  mayor  and  alder- 

83  men  shall  order  a  new  election. 

1  Sect.  7.  The  mayor,  thus  chosen  and  qualified, 

2  shall  be  the  chief  executive  officer  of  said  city.  It 

3  shall  be  his  duty  to  be  vigilant  in  causing  the  laws 

4  and  regulations  of  the  city  to  be  enforced,  and  keep 

5  a  general  supervision  over  the  conduct  of  all  subor- 

6  dinate  officers,  and  to  cause  their  neglect  of  duty  to 

7  be  punished.  He  may  call  special  meetings  of  the 

8  boards  of  aldermen  and  common  council,  or  either  of 

9  them,  when  necessary,  in  his  opinion,  by  causing 

10  notices  to  be  left  at  the  places  of  residence  of  the 

1 1  several  members ;  he  shall  communicate,  from  time 

12  to  time,  to  both  of  them,  such  information  and  recom- 

13  mend  such  measures  as,  in  his  opinion,  the  interests 

14  of  the  city  may  require ;  he  shall  preside  in  the 

15  board  of  aldermen,  and  in  convention  of  the  two 

16  boards ;  but  shall  have  a  casting  vote  only.  His 

17  salary  shall  be,  for  the  first  year  under  this  charter, 

18  five  hundred  dollars,  and  no  more.  He  shall  after- 

19  wards  receive,  for  his  services,  such  salary  as  the  city 

20  council  shall  determine,  and  shall  receive  no  other 

21  compensation ;  but  such  salary  shall  not  be  increased, 

22  or  diminished,  during  his  continuance  in  office. 

1  Sect.  8.  The  executive  power  of  said  city  gener- 

2  ally,  and  the  administration  of  the  police,  with  all 

3  the  powers  heretofore  vested  in  the  selectmen  of 

4  Lynn,  shall  be  vested  in  the  mayor  and  aldermen,  as 

5  fully  as  if  the  same  were  herein  specially  enumerated. 

6  And  the  mayor  and  aldermen  shall  have  full  and 

7  exclusive  power  to  appoint  a  constable  and  assistants, 


8 


CITY  OF  LYNN. 


[March, 


8  or  a  city  marshal  and  assistants,  with  the  powers  and 

9  duties  of  constables,  and  all  other  police  officers ;  and 

10  may  remove  the  same,  when,  in  their  opinion,  suffi- 

11  cient  cause  for  removal  exists. 

12  All  other  powers  now  vested  in  the  inhabitants 

13  of  said  town,  and  all  powers  granted  by  this  act, 

14  shall  be  vested  in  the  mayor  and  aldermen  and  com- 

15  mon  council  of  said  city,  to  be  exercised  by  concur- 

16  rent  vote,  each  board  to  have  a  negative  upon  the 

17  other.  But  the  city  council  shall  annually,  as  soon 

18  after  their  organization  as  may  be  convenient,  elect, 

19  by  joint  ballot,  in  convention,  the  overseers  of  the 

20  poor  and  school  committee,  and  these  shall  be  se- 

21  lected  in  manner  as  follows,  viz.,  one  overseer  of 

22  the  poor,  at  least,  shall  be  taken  from  each  ward,  and 

23  not  less  than  one  member  of  the  school  committee 

24  shall  be  chosen  from  each  ward,  and  said  school  com- 

25  mittee  shall  serve  without  compensation,  city  treas- 

26  urer  and  collector,  firewards,  city  clerk,  assessors 

27  and  assistant  assessors,  and  shall,  in  such  manner  as 

28  said  city  council  shall  determine,  by  any  by-law  made 

29  for  the  purpose,  appoint  or  elect  all  subordinate  offi- 

30  cers,  not  herein  otherwise  directed,  for  the  ensuing 

31  year,  define  their  duties,  and  fix  their  compensations, 

32  in  cases  where  such  duties  and  compensations  shall 

33  not  be  defined  and  fixed  by  the  laws  of  this  Com- 

34  monwealth. 

35  All  sittings  of  the  common  council  shall  be  public, 

36  and  all  sittings  of  the  mayor  and  aldermen,  when  they 

37  are  not  engaged  in  executive  business.  The  city  coun- 

38  cil  shall  take  care  that  money  shall  not  be  paid  from 

39  the  treasury  unless  granted  or  appropriated ;  shall 

40  secure  a  just  and  prompt  accountability,  by  requiring 


1849. J 


SENATE— No.  94. 


9 


41  bonds,  with  sufficient  penalty  and  sureties,  from  all 

42  persons  trusted  with  the  receipt,  custody,  or  disburse- 

43  ment  of  money;  shall  have  the  care  and  superin- 

44  tendence  of  city  buildings,  and  the  custody  and  man- 

45  agement  of  all  city  property,  with  power  to  let  or 

46  sell  what  may  be  legally  let  or  sold,  except  the  com- 

47  mon  ;  and  to  purchase  property,  real  or  personal,  in 

48  the  name  and  for  the  use  of  the  city,  whenever  its 

49  interest  or  convenience  may,  in  their  judgment,  re- 

50  quire  it. 

51  And  the  city  council  shall,  as  often  as  once  a  year, 

52  cause  to  be  published,  for  the  use  of  the  inhabitants, 

53  a  particular  account  of  receipts  and  expenditures, 

54  and  a  schedule  of  city  property. 

1  Sect.  9.  In  all  cases,  in  which  appointments  are 

2  directed  to  be  made  by  the  mayor  and  aldermen,  the 

3  mayor  shall  have  the  exclusive  power  of  nomination, 

4  such  nomination,  however,  being  subject  to  be  con- 

5  firmed  or  rejected  by  the  board  of  aldermen :  provided , 

6  however ,  that  no  person  shall  be  eligible  to  any  office, 

7  the  salary  of  which  is  payable  out  of  the  city  treas- 

8  ury,  who,  at  the  time  of  his  appointment,  shall  be  a 

9  member  either  of  the  board  of  aldermen  or  common 

10  council ;  and  neither  the  mayor,  nor  any  alderman, 

11  oi  member  of  common  council,  shall,  at  the  same 

12  time,  hold  any  other  office  under  the  city  govern- 

13  ment :  provided ,  however ,  that  the  mayor  and  presi- 

14  dent  of  the  common  council  shall  be,  ex  officio ,  mem- 

15  bers  of  the  school  committee;  and  provided,  further, 

16  that  said  mayor  and  aldermen,  and  one  common 

1 7  council  man  from  each  ward,  shall  be  overseers  of  the 

18  poor,  if  said  city  council  may  so  determine. 

2 


10 


CITY  OF  LYNN. 


[March, 


1  Sect.  10.  Said  city  council  shall  have  power  to 

2  choose  a  city  clerk,  who  shall  be  clerk  of  the  board 

3  of  aldermen.  ITe  shall  perform  such  duties  as  shall 

4  be  prescribed  by  the  board  of  aldermen,  and  shall 

5  perform  all  duties,  and  exercise  all  the  powers,  by 

6  law  incumbent  upon,  or  vested  in,  the  town  clerk  of 

7  the  town  of  Lynn. 

1  Sect.  11.  Three  assessors  shall  be  annually  chosen 

2  by  the  city  council,  who  shall  exercise  the  same  pow- 

3  ers,  and  be  subject  to  the  same  duties  and  liabilities, 

4  that  the  assessors  in  the  several  towns  in  the  Com- 

5  mon wealth  may  exercise,  or  be  subject  to,  under 

6  existing  laws. 

7  And  the  city  council  shall  appoint  one  person  in 

8  each  ward,  whose  duty  it  shall  be  to  furnish  the 

9  assessors  with  all  necessary  information  relative  to 

10  persons  and  property  taxable  in  their  several  wards, 

11  and  who  shall  be  sworn  to  the  faithful  performance 

12  of  their  duty. 

13  All  taxes  shall  be  assessed,  apportioned,  and  col- 

14  lected  in  the  manner  prescribed  by  the  laws  of  the 

15  Commonwealth :  provided ,  however ,  that  the  city 

16  council  may  establish  further  or  additional  provisions 

17  for  the  collection  thereof. 

1  Sect.  12.  The  city  council  shall  have  exclusive 

2  authority  and  power  to  lay  out  any  new  street  or 

3  town-way,  and  to  estimate  the  damages  any  indi- 

4  vidual  may  sustain  thereby ;  but  all  questions  relat- 

5  ing  to  the  subject  of  laying  out,  accepting,  altering, 

6  or  discontinuing,  any  street  or  way,  shall  first  be 

7  acted  upon  by  the  mayor  and  aldermen. 


1849.] 


SENATE— No.  94. 


11 


8  And  any  person  dissatisfied  with  the  decision  of 

9  the  city  council,  in  the  estimate  of  damages,  may 

10  make  complaint  to  the  county  commissioners  of  the 

11  county  of  Essex,  at  any  meeting  held  within  one 

12  year  after  such  decision,  whereupon  the  same  pro- 

13  ceedings  shall  be  had  as  are  now  provided  by  the 

14  laws  of  the  Commonwealth,  in  cases  where  persons 

15  are  aggrieved  by  the  assessment  of  damages  by  the 

16  selectmen,  in  the  twenty-fourth  chapter  of  Revised 

17  Statutes. 

1  Sect.  13.  All  power  and  authority  now  by  law 

2  vested  in  the  board  of  health  for  the  town  of  Lynn, 

3  or  in  the  selectmen  of  said  town,  shall  be  transferred 

4  to,  and  invested  in,  the  city  council,  to  be  carried  into 

5  execution  in  such  manner  as  the  citv  council  shall 

•/ 

6  deem  expedient. 

1  Sect.  14.  The  city  council  shall  have  authority  to 

2  cause  drains  and  common  sewers  to  be  laid  down 

3  through  any  streets  or  private  lands,  paying  the 

4  owners  such  damage  as  they  may  sustain  thereby ; 

5  and  to  require  all  persons  to  pay  a  reasonable  sum 

6  for  the  privilege  of  opening  any  drain  into  said  pub- 

7  lie  drain  or  common  sewer. 

8  And  the  city  council  may  make  by-laws,  with  suita- 

9  ble  penalties,  for  the  inspection,  survey,  measurement, 

10  and  sale  of  lumber,  wood,  coal,  and  bark,  brought 

11  into  the  city  for  sale. 

1  Sect.  15.  It  shall  bp  the  duty  of  the  city  council, 

2  in  the  month  of  October,  annually,  to  meet  in  con- 

3  vention,  and  determine  the  number  of  representatives 

4  to  be  sent  to  the  general  court,  by  said  city  in  such 


12 


CITY  OF  LYNN. 


[March, 


5  year,  and  to  publish  such  determination,  which  shall 

6  be  conclusive,  and  the  number  thus  determined  shall 

7  be  specified  in  the  warrant  calling  a  meeting  for  the 

8  election  of  representatives. 

1  Sect.  16.  All  elections  for  county,  state,  and 

2  United  States  officers,  who  are  voted  for  by  the  peo- 

3  pie,  shall  be  held  at  meetings  of  the  citizens  qualified 

4  to  vote  in  such  elections,  in  their  respective  wards, 

5  at  the  time  fixed  by  law  for  these  elections  respect- 

6  ively ;  and,  at  such  meetings,  all  the  votes,  given  for 

7  said  several  officers  respectively,  shall  be  assorted, 

8  counted,  declared,  and  registered  in  open  ward  meet- 

9  ing  by  causing  the  names  of  all  persons  voted  for, 

10  and  the  number  of  votes  given  for  each,  to  be  written 

11  in  the  ward  record  in  words  at  length.  The  ward 

12  clerk  shall  forthwith  deliver  to  the  city  clerk  a  cer- 

13  tified  copy  of  the  record  of  such  elections. 

14  The  city  clerk  shall  forthwith  record  such  returns, 

15  and  the  mayor  and  aldermen  shall,  within  two  days 

16  after  every  such  election,  examine  and  compare  all 

17  said  returns,  and  make  out  a  certificate  of  the  result 

18  of  such  elections,  to  be  signed  by  the  mayor  and  a 

19  majority  of  the  aldermen,  and  also  by  the  city  clerk, 

20  which  shall  be  transmitted,  or  delivered  in  the  same 

21  manner  as  similar  returns  are  by  law  directed  to  be 

22  made  by  selectmen  of  towns.  And  in  all  elections 

23  for  representatives  to  the  general  court,  in  case  the 

24  whole  number  proposed  to  be  elected  shall  not  be 

25  chosen  by  a  majority  of  the  votes  legally  returned, 

26  the  mayor  and  aldermen  shall  forthwith  issue  their 

27  warrant  for  a  new  election,  conformably  to  the  provis- 

28  ions  of  the  constitution,  and  the  laws  of  the  Com- 

29  monwealth. 


1849.] 


SENATE— No.  94. 


13 


1  Sect.  17.  Prior  to  every  election,  the  mayor  and 

2  aldermen  shall  make  out  lists  of  all  the  citizens  of 

3  each  ward,  qualified  to  vote  in  such  elections,  in  the 

4  manner  in  which  selectmen  of  towns  are  required  to 

5  make  out  lists  of  voters ;  and,  for  that  purpose,  they 

6  shall  have  full  access  to  the  assessors’  books  and  lists, 

7  and  be  entitled  to  the  assistance  of  all  assessors,  assistant 

8  assessors,  and  city  officers,  and  they  shall  deliver  said 

9  lists,  so  prepared  and  corrected,  to  the  clerks  of  said 

10  wards,  to  be  used  at  such  elections  ;  and  no  person 

11  shall  be  entitled  to  vote  whose  name  is  not  borne  on 

12  such  lists. 

1  Sect.  18.  General  meetings  of  the  citizens  quali- 

2  tied  to  vote,  may,  from  time  to  time,  be  held,  to  con- 

3  suit  upon  the  public  good ;  to  instruct  their  repre- 

4  sentatives,  and  to  take  all  lawful  measures  to  obtain 

5  redress  for  any  grievances,  according  to  the  right 

6  secured  to  the  people  by  the  constitution  of  this  Com- 

7  monwealth. 

8  And  such  meetings  may  and,  shall  be  duly  warned, 

9  by  the  mayor  and  aldermen,  upon  the  requisition  of 
10  fifty  qualified  voters. 

1  Sect.  19.  The  city  council  shall  have  power  to 

2  make  all  such  salutary  and  needful  by-laws  as  towns, 

3  by  the  laws  of  this  Commonwealth,  have  power  to 

4  make  and  establish,  and  to  annex  penalties,  not  ex- 

5  ceeding  twenty  dollars,  for  the  breach  thereof,  which 

6  by-laws  shall  take  effect,  and  be  in  force,  from  and 

7  after  the  time  therein  respectively  limited,  without 

8  the  sanction  of  any  court,  or  other  authority  what- 

9  ever;  provided ,  however ,  that  all  laws  and  regula- 
10  tions,  now  in  force  in  the  town  of  Lynn,  shall,  until 


14 


CITY  OF  LYNN. 


[March, 


11  they  shall  expire  by  their  own  limitation,  or  be  re- 

12  vised  or  repealed  by  the  city  council — remain  in  force 

13  — and  all  fines  and  forfeitures,  for  the  breach  of  any 

14  by-law,  or  ordinance,  shall  be  paid  into  the  city 

15  treasury. 

1  Sect.  20.  All  fines,  forfeitures  and  penalties,  ac- 

2  cruing  for  the  breach  of  any  by-laws  of  the  city  of 

3  Lynn,  or  of  any  of  the  ordinances  of  the  city  council, 

4  or  of  any  of  the  orders  of  the  mayor  and  aldermen, 

5  may  be  prosecuted  for  and  recovered,  before  the  police 

6  court  in  said  city  of  Lynn,  by  complaint  or  informa- 

7  tion,  in  the  same  way  and  manner  in  which  other 

8  criminal  offences  are  now  prosecuted  before  the  police 

9  courts  within  this  Commonwealth ;  reserving,  how- 

10  ever,  in  all  cases,  to  the  party  complained  of  and 

11  prosecuted,  the  right  of  appeal  to  the  court  of  com- 

12  mon  pleas,  then  next  to  be  held  in  the  county  of 

13  Essex,  from  the  judgment  and  sentence  of  the  police 

14  court. 

15  And  the  appeal  shall  be  allowed  on  the  same  terms, 

16  and  the  proceedings  be  conducted  therein  in  the  same 

17  manner,  as  provided  in  the  one  hundred  and  thirty- 

18  eighth  chapter  of  the  Revised  Statutes  of  this  Com- 

19  monwealth. 

20  And  it  shall  be  sufficient,  in  all  such  prosecutions, 

21  to  set  forth,  in  the  complaint,  the  offence  fully,  plain- 

22  ly,  substantially,  and  formally ;  and  it  shall  not  be 

23  necessary  to  set  forth  such  by-law,  ordinance  or  order, 

24  or  any  part  thereof. 

25  All  fines,  forfeitures,  and  penalties,  so  recovered 

26  and  paid,  shall  be  paid  to  the  treasurer  of  the  city  of 

27  Lynn,  and  shall  enure  to  such  uses  as  said  city  coun- 

28  cil  shall  direct. 


1849.] 


SENATE— No.  94. 


15 


29  When  any  person,  upon  any  conviction  before  the 

30  police  court,  for  any  breach  of  any  by-law  of  said  city 

31  of  Lynn,  or  any  of  the  ordinances  of  the  city  council, 

32  or  any  of  the  orders  of  the  mayor  and  aldermen,  shall 

33  be  sentenced  to  pay  a  fine,  or  ordered  to  pay  any 

34  penalty  or  forfeiture,  provided  by  any  such  by-law, 

35  ordinance,  or  order,  or,  upon  claiming  an  appeal, 

36  shall  fail  to  recognize  for  his  appearance  at  the  court 

37  appealed  to,  and  there  to  prosecute  his  appeal,  and  to 

38  abide  the  sentence  or  order  of  the  court  thereon,  and, 

39  in  the  mean  time,  to  keep  the  peace,  and  be  of  good 

40  behavior ;  and,  upon  not  paying  the  fine,  penalty,  or 

41  forfeiture,  and  cost  so  assessed  upon  him,  he  shall  be 

42  committed  to  prison,  there  to  remain  until  he  or  she 

43  shall  pay  such  fine,  forfeiture  or  penalty,  and  costs,  or 

44  be  otherwise  discharged  according  to  law. 

45  The  provisions  of  this  section  shall  also  apply  to 

46  all  prosecutions  founded  on  the  by-laws  or  ordinances 

47  of  the  town  of  Lynn — which  may  continue  in  force 

48  after  this  act  shall  go  into  operation,  and  all  the 

49  powers  of  the  police  court,  already  established,  shall 

50  be  continued  to  it. 

1  Sect.  21.  Lor  the  purpose  of  organizing  the  sys- 

2  tern  of  government  hereby  established,  and  putting 

3  the  same  into  operation,  in  the  first  instance,  the  se- 

4  lectmen  of  the  town  of  Lynn  for  the  time  being, 

5  shall,  on  some  day  during  the  months  of  May  or 

6  June,  of  the  present  year,  issue  their  warrants,  seven 

7  days  at  least  previous  to  the  day  so  appointed  for 

8  calling  meetings  of  the  said  citizens,  at  such  place 

9  and  hour  as  they  may  deem  expedient,  for  the  pur- 

10  pose  of  choosing  a  warden,  clerk,  and  inspectors  for 

11  each  ward,  and  all  other  officers,  whose  election  is 


16 


CITY  OF  LYNN. 


[March, 


12  provided  for  in  the  preceding  sections  of  this  act,  and 

13  the  transcripts  of  the  records  of  each  ward,  specify- 

14  ing  the  votes  given  for  the  several  officers  aforesaid, 

15  certified  by  the  warden  and  clerk  of  such  ward  at 

16  said  first  meeting,  shall  be  returned  to  the  said  select- 

17  men,  whose  duty  it  shall  be  to  examine  and  compare 

18  the  same,  and,  in  case  said  elections  should  not  be 

19  completed  at  the  first  meeting,  then  to  issue  new 

20  warrants  until  such  elections  shall  be  comnleted  : 

X  J 

21  and  to  give  notice  thereof,  in  the  manner  herein  be- 

22  fore  provided,  to  the  several  persons  elected. 

23  And,  at  said  first  meeting,  any  inhabitant  of  said 

24  ward,  being  a  legal  voter,  may  call  the  citizens  to 

25  order,  and  preside  until  a  warden  shall  have  been 

26  chosen.  And,  at  said  first  meeting,  a  list  of  voters  in 

27  each  ward,  prepared  and  corrected  by  the  selectmen 

28  for  the  time  being,  shall  be  delivered  to  the  clerk  of 

29  each  ward,  when  elected,  to  be  used  as  herein  before 

30  provided.  And  the  selectmen  shall  appoint  such 

31  time  for  the  first  meeting  of  the  city  council,  as  they 

32  may  judge  proper,  after  the  choice  of  city  officers,  as 

33  aforesaid,  or  a  majority  of  the  members  of  both 

34  branches,  in  the  year  one  thousand  eight  hundred 

35  and  forty-nine,  and  shall  also  fix  upon  the  place  and 

36  the  hour  of  said  first  meeting,  and  a  written  notice 

37  thereof  shall  be  sent,  by  said  selectmen,  to  the  place 

38  of  abode  of  each  of  the  city  officers  chosen  as  pro- 

39  vided  in  this  section. 

40  And  after  this  first  election  of  city  officers,  and 

41  this  first  meeting  for  the  organization  of  the  city 

42  council,  as  in  this  section  is  provided,  the  day  of 

43  holding  the  annual  elections,  and  the  day  and  hour 

44  for  the  meeting  of  the  city  council,  for  the  purpose 


1849.] 


SENATE— No.  94. 


17 


45  of  organization,  shall  remain  as  provided  in  the  sixth 

46  section  of  this  act. 

47  And  it  shall  be  the  duty  of  the  city  council,  imme- 

48  diately  after  the  first  organization,  to  elect  all  neces- 

49  sary  city  officers,  who  shall  hold  their  offices  respect- 

50  ively  until  others  are  chosen  and  qualified. 

1  Sect.  22.  All  officers  of  the  town  of  Lynn,  hav- 

2  ing  the  care  and  custody  of  any  records,  papers,  or 

3  property,  belonging  to  said  town,  shall  deliver  the 

4  same  to  the  city  clerk,  within  one  week  after  his 

5  entering  upon  the  duties  of  his  office. 

1  Sect.  23.  All  such  acts,  and  parts  of  acts,  as  are 

2  inconsistent  with  the  provisions  of  this  act,  shall  be, 

3  and  the  same  are,  hereby  repealed. 

1  Sect.  24.  Nothing  in  this  act  contained  shall  be 

2  so  construed  as  to  prevent  the  Legislature  from  alter- 

3  ing  or  amending  the  same  whenever  they  shall  deem 

4  it  expedient. 

1  Sect.  25.  This  act  shall  be  void,  unless  the  in- 

2  habitants  of  the  town  of  Lynn,  at  a  legal  meeting 

3  called  for  that  purpose,  at  which  meeting  the  select- 

4  men  shall  preside,  and  the  check-list  used  in  the  same 

5  manner  as  at  meetings  called  to  choose  State  officers, 

6  and  the  polls  be  kept  open  at  least  six  hours,  shall, 

7  by  a  vote  of  a  majority  of  the  voters  present,  and 

8  voting  thereon,  yea  or  nay,  by  a  written  ballot,  deter- 

9  mine  to  adopt  the  same  within  twenty  days  from  and 
10  after  its  passage. 

1  Sect.  26.  This  act  shall  go  into  operation  from 

2  and  after  its  passage. 

3 


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